Burden Of Proof/evidence Question

[janedoe1]

What is the name of your state CA

I am being sued as an individual along with my employer and 3 other individual coworkers by my former employer. Same industry, former employer is mad at new employer because several branches left and and came over to new employer(which is a normal thing in my industry, happens constantly) Their are seven causes of action. The 3 affecting the individual def. are Breach of fiduciary duty, fraud and conspiracy. The grounds named in the complaint are without merit (at least in my case). The plaintiff is claiming to have a videotape of me copying files and removing them from their office. My questions are: is videotape taken without knowledge or consent in an office environment legal? This was a fairly small office of about 1100 sq ft with 3 private offices and a work area. My job consists of constant photocopying of documents in and out of files all day long, If copying materials from files is part of the normal job duty, can the plaintiff construe this to their benefit as wrongdoing? What is the burden of proof for these 3 causes?

My employer(new) is indemnifying all individuals and carrying the expense of the defense, but I am still nervous. With two huge corporations going at eah other and me a little nobody caught in the middle. HELP!

Thank you.

 

[seniorjudge]

Q: My questions are: is videotape taken without knowledge or consent in an office environment legal?
A: Yes; they are called security or surveillance tapes. They are very common and (I thought) everyone knows about them.

Burden of proof in intentional torts (Google burden proof intentional tort:

As in most areas of American law, the plaintiff has the burden of proof by a preponderance of the evidence ("more likely than not that the plaintiff is right.")...Intentional torts require the same burden of proof (by a preponderance of the evidence) but one must demonstrate that the defendant intentionally committed the wrongful act, be it fraud, slander, libel, assault, or whatever other intentional tort is alleged. This necessarily requires proof of the defendant’s state of mind at the time, though this may be inferred from the defendant’s actions or comments.

 

[janedoe1]

I am aware of security cameras...However, there were no security cameras in place in this office (I was the branch manager) and upper management did not even have a key to the office. It is my belief that when they learned of the fact that I was leaving either a camera was placed in the office or the office was videotaped from the exterior in the two day period before I left. My attorney said that private areas, such as my private office are off limits for videotaping and that only "public" areas are permissible. True or false? Also, you did not address the question regarding twisiting a normal workday practice into something fraudelent. How is the evidence viewed and to what extent does the proof have to be? ie: does a video have to be so clear that is shows exactly which file is being worked on?

 

[seniorjudge]

Q: My attorney said that private areas, such as my private office are off limits for videotaping and that only "public" areas are permissible.
A: False; the office belongs to your employer and people can videotape their own property.

Q: Also, you did not address the question regarding twisiting a normal workday practice into something fraudelent. How is the evidence viewed and to what extent does the proof have to be? ie: does a video have to be so clear that is shows exactly which file is being worked on?
A: I have no idea because I have not seen the tapes.

 

[janedoe1]

Does that mean they can have a camera in the bathroom too? Sounds like you don't know what you are talking about.

So in general, you are unable to answer a question regarding the burden of proof.

I have not seen the alleged tape either, assuming it actually exsists. I was asking for an answer based on precident.

 

[seniorjudge]

Q: Does that mean they can have a camera in the bathroom too?
A: I certainly hope not! But, yes, some places do have cameras in the bathrooms?

Q: So in general, you are unable to answer a question regarding the burden of proof.
A: I answered that question in a prior post. But what are you calling "burden of proof"?

Q: I have not seen the alleged tape either, assuming it actually exsists. I was asking for an answer based on precident.
A: Precedent to what? You are asking me to tell you what a tape looks like that you haven't even seen? I can't do it!